2006 Minnesota Statutes

268.064 LIABILITY FOR DEBTS UPON ACQUISITION.
    Subdivision 1. Acquisition of organization, trade, business, or assets. Any person who
acquires all or part of the organization, trade, business or assets from an employer, is jointly and
severally liable, in an amount not to exceed the reasonable value of that part of the organization,
trade, business or assets acquired, for any amounts due and unpaid by the employer. The amount
of liability shall, in addition, be a lien against the property or assets acquired and shall be prior
to all other unrecorded liens. This section does not apply to sales in the normal course of the
employer's business.
    Subd. 2. Reasonable value. The commissioner, upon the commissioner's own motion or
upon application of the acquiring person, shall determine the reasonable value of the organization,
trade, business or assets acquired based on available information. The determination shall be
final unless the acquiring person, within 30 calendar days after being sent the determination by
mail or electronic transmission, files an appeal. Proceedings on the appeal shall be conducted in
accordance with section 268.105.
    Subd. 3. Statement of amount due. Prior to the date of acquisition, the commissioner shall
furnish the acquiring person with a statement of the amounts due and unpaid under this chapter or
section 116L.20 upon the request of the potential acquiring person and the release of the obligor.
No release is required after the date of acquisition.
    Subd. 4.[Repealed by amendment, 1999 c 107 s 35]
History: 1987 c 385 s 35; 1989 c 65 s 13; 1995 c 54 s 18; 1997 c 66 s 79,80; 1998 c 265 s
20,44; 1999 c 107 s 35; 2004 c 183 s 43,44